Rosenstein did not identify a crime because he did not have one. There are two reasons for this, but we have focused myopically on the wrong one: the fact that contacts between Trump associates and the Russian regime do not prove they conspired together in an espionage scheme. That simply shows that Mueller does not have a case. The more basic problem is that he cannot have a case. Russia's espionage operation cannot be proved beyond a reasonable doubt, so it will never be possible to prove the Trump campaign colluded in it.

Let's concede that there is some evidence -- not much, but some -- of contacts between Trump associates and operatives of the Russian regime. On its face, this is not incriminating -- no more than the fact of contacts between the Clinton camp and the Russian regime. What would make the Trump-Russia contacts criminal would be indications that they facilitated Russia's cyberespionage operation against the 2016 election.

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Rosenstein did not identify a crime because he did not have one. There are two reasons for this, but we have focused myopically on the wrong one: the fact that contacts between Trump associates and the Russian regime do not prove they conspired together in an espionage scheme. That simply shows that Mueller does not have a case. The more basic problem is that he cannot have a case. Russia's espionage operation cannot be proved beyond a reasonable doubt, so it will never be possible to prove the Trump campaign colluded in it.\n\nLet's concede that there is some evidence -- not much, but some -- of contacts between Trump associates and operatives of the Russian regime. On its face, this is not incriminating -- no more than the fact of contacts between the Clinton camp and the Russian regime. What would make the Trump-Russia contacts criminal would be indications that they facilitated Russia's cyberespionage operation against the 2016 election.